If my elderly father recently passed and I was POA on his checking account but now the account has been froze, how can I get this money?

They will not release it to me and I need to pay funeral costs,

Asked on July 19, 2012 under Estate Planning, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  A POA dies with the person for whom it is encated so it is no longer valid.  What you need to do is to be appointed as the persoanl representative of your father's estate by filing a petition in the probate court in the county in which he resided at the time of his death.  If he has only the bank account your state probably has a small estate proceeding that you can do.  Once appointed you can get the funds transferred in to an estate account and pay the bills.  Good luck.


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